This Week in the Law Library ... Nov. 11, 2024
This week in the law library we're thanking our veterans, teaching how to research statutes, researching legal ethics, and advanced legal research, as well as highlighting professional responsibility resources, previewing US Supreme Court oral arguments, and celebrating Native American Heritage Month.
This Week’s Research Sessions
Monday, Nov. 11, 2024
LLM Research and Writing
- 9:00am - 10:35am
- Room 230
- Shannon Kemen, Legal Technology & Research Instructional Services Librarian
- Researching Cases & Using Citators
Tuesday Nov. 12, 2024
Technology Tuesday
Want to get started on your Canvas page but don’t know where to start? Need some new ideas to make your class more engaging? Law faculty can join Legal Technology & Research Instructional Services Librarian Shannon Kemen's Technology Tuesdays from 12:15-1:15pm.
Technology Tuesdays are 1-hour Zoom meetings for law faculty to join as their schedule allows, to get help with Canvas and other classroom technologies. Law faculty don’t need to come prepared with anything and you don’t need to stay for the entire hour. This meeting is designed to help problem solve issues with classroom technologies, learn about new technologies , and exchange ideas with colleagues. Technology Tuesday videos and notes are available on our Canvas page.
This Tuesday's class will be all about anonymous grading with Canvas.
Wednesday, Nov. 13, 2024
Advanced Legal Research Ohio Legal Research
- 2:00pm - 2:55pm
- Room 245
- Ronald Jones, Electronic Resources Instructional Services Librarian & Shannon Kemen, Legal Technology & Research Instructional Services Librarian
Thursday Nov. 14, 2024
Researching Legal Ethics & Professional Responsibility
- 9:00am - 10:35am
- Room 235
- Susan Boland, Associate Director
Friday Nov. 15, 2024
Advanced Legal Research Criminal Law Procedure
- 11:10am - 12:05pm
- Room 245
- Associate Dean Michael Whiteman and Instructional & Reference Services Librarian Ashley Russell
Veterans Day
Monday is Veterans Day. Veterans Day originated as “Armistice Day” on Nov. 11, 1919, the first anniversary marking the end of World War I. Congress passed a resolution in 1926 for an annual observance, and November 11th became a national holiday beginning in 1938. There were an estimated 15.8 million veterans in 2023. There were almost 700,000 veterans in Ohio. Thank you to all who have served!
The College of Law will hold classes and the Law Library will be open on Veteran’s Day.
Featured Study Aids
CALI Professional Responsibility Lessons
Available via CALI, this Subject Area Index lists all CALI lessons covering Professional Responsibility. If using CALI, you will need to create an account (if you have not already done so) using a Cincinnati Law authorization code. You can obtain this code from a reference librarian.
Acing Professional Responsibility
Available via West Academic study aid subscription, this study aid provides a dual benefit to law students who, to become licensed lawyers, have to pass both a law school exam in a Legal Ethics course as well as the Multistate Professional Responsibility Examination (MPRE). To prepare for the law school examination, there are pages of text, numerous outlines, bullet points, sample essay questions and answers, and mini-checklists to learn the basics and fine points of Professional Responsibility. In addition, this book discusses all recent ABA Formal Ethics Opinions. The Acing book also enables students to quickly recall and pass the MPRE.
Examples & Explanations: Professional Responsibility
Available via the Aspen Learning Library subscription, this text covers the whole field of professional responsibility, focusing not only on the ABA Model Rules, but on the often-complex relationship between the rules and doctrines of agency, tort, contract, evidence, and constitutional law. Beginning with the formation of the attorney-client relationship, the book proceeds through topics including attorneys' fees, malpractice and ineffective assistance of counsel, confidentiality and privilege rules, conflicts of interest, witness perjury and litigation misconduct, advertising and solicitation, admission to practice, and the organization of the legal profession. Coverage includes all subjects that are tested on the Multistate Professional Responsibility Exam (MPRE), including: A chapter on judicial ethics, a subject tested on the MPRE and not often covered thoroughly, if at all, in law school professional responsibility courses. Updated discussion and examples based on recent developments in the law, including the ABA's simplification of the rules on advertising and solicitation, new Model Rule 8.4(g) on discrimination in the practice of law, the California Supreme Court's Sheppard Mullin opinion on advance waivers of conflicts, and continuing developments in the impact of technology on the practice of law. A series of problems at the end of each section or chapter assist you in testing your understanding. Answers are provided for these problems
Understanding Lawyers' Ethics
Available via the LexisNexis Digital Library study aid subscription, this study aid analyzes the fundamental issues of lawyers' ethics and the ABA's Model Rules. It is designed to facilitate a real understanding of legal rules as distinguished from a superficial familiarity with them by challenging the reader to test their understanding of the legal rules against the reader's own moral standards and reasoned judgment. The sixth edition has substantial new material on cross-examination in sexual assault cases; prosecution in the context of race and policing; the rise of the "progressive prosecutor movement"; the renewed call for the U.S. Supreme Court to abide by the Code of Judicial Ethics; and the ethics of lawyers engaged in former president Donald Trump's scheme to overturn the 2020 presidential election.
Featured Database
ABA/Bloomberg Law Lawyers’ Manual on Professional Responsibility
Available on Bloomberg Law, the ABA/Bloomberg Law Lawyers’ Manual on Professional Responsibility provides authoritative guidance on professional responsibility law and malpractice to all practitioners. The publication offers over 130 chapters of in-depth analysis; full text of ABA ethics opinions, Model Rules, and Standards; summaries of ethics opinions issued by more than 60 state and local jurisdictions; and a current developments component providing the latest news and analysis of issues in the field of legal ethics.
Featured Guide
Researching Legal Ethics & Professional Responsibility
Researching legal ethics and professional responsibility involves looking at rules (model and state specific), cases (that can cover criminal law, malpractice, disciplinary appeal, and more), and ethics opinions. Legal ethics involve both mandatory rules and aspirational goals. This guide assists those researching in all of these areas.
Featured Treatise
Geoffrey C. Hazard et al., The Law of Lawyering
The Law of Lawyering shows how to approach concrete problems that arise in everyday practice while staying within the letter and spirit of the ABA Model Rules of Professional Conduct. It provides the full text of each Model Rule provision in sequence, followed by the authors' guidance and commentary, which put the rule into context, help identify its key features, and show its relation to other Rules and the ALI's Restatement of the Law Governing Lawyers. Clear, realistic examples demonstrate how each Rule applies in practice. Available in Law Stacks KF306 .H33
Featured Video
ABA Legal Technology Resource Center Roundtable: AI and Legal Ethics
The Legal Technology Resource Center Roundtable for December 2023 featured a video discussion with Damien Riehl, Ivy B. Gray, Jayne Reardon, Kenton Brice and Jim Calloway (Moderator). The subject was Lawyers and the Ethical challenges of using Artificial Intelligence. But it was quite a wide-ranging discussion, covering many facets of the uses of AI by lawyers and law firms.
Featured Website
ABA Center for Professional Responsibility Model Rules of Professional Conduct
The ABA Model Rules of Professional Conduct were adopted by the ABA House of Delegates in 1983. They serve as models for the ethics rules of most jurisdictions. Before the adoption of the Model Rules, the ABA model was the 1969 Model Code of Professional Responsibility. Preceding the Model Code were the 1908 Canons of Professional Ethics (last amended in 1963).
Want to learn more about legal ethics and professional responsibility? Check out our legal ethics and professional responsibility display in 110, the law library services suite.
American Indian and Alaska Native Heritage Month
November is American Indian and Alaska Native Heritage Month! Celebrate with us as we explore the contributions and history of the Native people in the United States of America.
History Behind the Month
As far back as the late 1970s, Congress enacted legislation, and subsequent presidents issued, annual proclamations designating a day, a week, or a month to celebrate and commemorate the Nation’s American Indian and Alaska Native heritage.
On Aug. 3, 1990, Congress finally passed Pub. L. 101-343 which designated the month of November 1990 as “National American Indian Heritage Month.” Then, in 1991, Congress passed Pub. L. 102-123 which “authorize[s] and request[s] the President to proclaim the month of November 1991, and the month of each November thereafter, as ‘American Indian Heritage Month.’” President George H.W. Bush issued Proclamation 6368 on October 30, 1991.
5 Selected Resources to Learn More About American Indian and Alaska Native Heritage
American Indian and Alaska Native Records in the National Archives
The National Archives holds hundreds of thousands of federal records relating to Native Americans. Researchers can find information relating to American Indians and Alaska Natives from as early as 1774 through the mid-1990s at National Archives locations throughout the country.
Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs
This notice publishes the current list of 573 Tribal entities recognized by and eligible for funding and services from the Bureau of Indian Affairs (BIA) by virtue of their status as Indian Tribes. The listed Indian entities are acknowledged to have the immunities and privileges available to federally recognized Indian Tribes by virtue of their government-to-government relationship with the United States as well as the responsibilities, powers, limitations, and obligations of such Tribes.
Indigenous Digital Archive’s Treaties Portal
The National Archives and Records Administration (NARA) collaborated with the Museum of Indian Arts and Culture (MIAC) to launch the Indigenous Digital Archive’s Treaties Portal . This website provides public access to digital copies of NARA’s series of ratified Indian Treaties.
National Museum of the American Indian, Americans
Americans, a major exhibition at the Smithsonian’s National Museum of the American Indian, highlights the ways in which American Indians have been part of the nation’s identity since before the country began. It delves into the three stories, surrounds visitors with images, and invites them to begin a conversation about why this phenomenon exists. Pervasive, powerful, at times demeaning, the images, names, and stories reveal the deep connection between Americans and American Indians as well as how Indians have been embedded in unexpected ways in the history, pop culture, and identity of the United States.
Record of Rights, Rights of Native American Indians
The history of Native American rights is not a progressive march; it’s a story of rights being alternately acknowledged and disregarded. In this struggle, tribes negotiated hundreds of treaties with the Federal Government. Nonetheless, Native Americans lost many rights due to conflicts with Americans and the interests of the Federal Government. This virtual exhibit from NARA includes stories on the recognition of tribal sovereignty, protection of land rights, and the survival of indigenous culture.
November Arguments at the United States Supreme Court
From SCOTUS Blog:
Tuesday, November 12, 2024
Velazquez v. Garland - whether, when a noncitizen's voluntary-departure period ends on a weekend or public holiday, a motion to reopen filed the next business day is sufficient to avoid the penalties for failure to depart under 8 U.S.C. § 1229c(d)(1).
Delligatti v. United States - whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force.
Wednesday, November 13, 2024
NVIDIA Corp. v. E. Ohman J:or Fonder AB - (1) whether plaintiffs seeking to allege scienter under the Private Securities Litigation Reform Act based on allegations about internal company documents must plead with particularity the contents of those documents; and (2) whether plaintiffs can satisfy the Act's falsity requirement by relying on an expert opinion to substitute for particularized allegations of fact.
Posted Nov. 11, 2024 by Susan Boland